Re:You can't defend public libraries and oppose file-sharing
by scintill76 on Wednesday September 09, 2015 @11:53AM
(#10192172)
Yeah, it does seem Europeans have more copyright rights, as others in the thread are citing copyright-based royalties that libraries have to pay (which kind of undermines his argument too.) I don't really know how the history/law worked, but at least the way he claims, "they made explicit exceptions to the copyright monopoly for the benefit of public access to culture and knowledge." I guess in America a special exception is not really needed. I think we're on the same page about the difference.
Re:You can't defend public libraries and oppose file-sharing
by mikeash on Wednesday September 09, 2015 @12:01PM
(#10192226)
And just to be clear, I don't think there's anything particularly wrong with the idea that libraries serve a special purpose that should be enshrined in law, and that this then implies something about file sharing. I just don't think it's a position one necessarily must have, so the premise of the article is wrong because of that.
It's all about whether you look at libraries as an exception to copyright which has been carved out for the public good, or whether you look at libraries as something that is naturally allowed within copyright.
Put it another way: the article argues on the basis of a library's purpose. I'm ignoring that, and merely looking at a library's right to exist. If you see the purpose coming first, and the right to exist being created on the basis of that purpose, then the argument in the article holds. If you see the right to exist coming first, and the purpose merely being why people take advantage of that right, then you get my position.
Maybe this is one of those American versus European things. It looks from my cursory examination (and I could easily be wrong, and welcome a more informed opinion from anyone who knows better) that the doctrine of first sale is an American thing, and European laws give more rights to the copyright holder.